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Justice panel led by Deputy Chief Justice Aswanto asking Moch. Ojat Sudrajat S. to confirm petition withdrawal of the judicial review of Law No. 11 of 2020 on the Job Creation Law, Tuesday (3/8/2021). Photo by Humas MK/Ilham W. M.

Tuesday, August 3, 2021 | 16:00 WIB

JAKARTA, Public Relations—The judicial review hearing of Law No. 11 of 2020 on the Job Creation Law on Tuesday, August 3, 2021 commenced with the justice panel chaired by Chief Justice Anwar Usman asking the Petitioner for confirmation on his petition withdrawal request letter.

“We’d like [you] to confirm a letter from the Petitioner regarding the withdrawal of the petition on the judicial review of the Job Creation Law. Is [the request] accurate?” Justice Aswanto asked.

The Petitioner of case No. 30/PUU-XIX/2021 Moch. Ojat Sudrajat, who attended the hearing virtually, confirmed the letter. The justice panel then informed him that they would report the confirmation to the justice deliberation meeting (RPH). “Thus, the hearing is concluded," Justice Aswanto said.

Also read: Public Information Activist Challenges Job Creation Law on Fictitious Positive Appeal

The Petitioner intended to challenge 53 paragraph (5) and Article 175 point 6 of the Job Creation Law. The first reads, “Further provisions regarding the form of stipulation of Decisions and/or Actions that are deemed to be legally granted as referred to in paragraph (3) shall be regulated in the Presidential Regulation.” The latter reads, “Government authority, hereinafter referred to as authority, is the power of government agencies and/or officials or other state administrators to act in the realm of public law.”

The Petitioner, who is an activist of public information in Banten Province, believed the norm had harmed justice seekers. He is involved in a concrete case where he filed a fictitious positive appeal against the governor of Banten (Respondent) for his silence over the Appeal No. 023/PRI-KI/II/2021 dated February 15, 2021 on the Appeal to Temporarily Dismiss the Commissioner of the Information Commission of Banten Province of 2012–2023 due to a civil suit at the Serang District Court on February 16, 2021.

The suit No. 17/Pdt.G/2021/PN was filed on February 8, 2021 against 5 Banten Province Information Commission members/commissioner of 2019-2023 and the Banten Province Information Commission Registrar (Defendants I and II). The Information Commission then, based on Article 7 letter c of the Information Commission Regulation (PERKI) No. 3 of 2016 on the Members’ Code of Ethics, filed for a temporary dismissal of those members to the Chairperson of the Provincial Information Commission, to forward to the governor.

Article 175 point 6 of the Job Creation Law on 53 paragraph (2) of the Government Administration Law stipulates that the Respondent, in this case the Banten governor, must stipulate and/or make a decision and/or action within 5 working days after the complete appeal is received. However, until April 30, 2021, both the appeal and the objection letter that the Petitioner filed was ignored. The Petitioner then filed a suit to the Serang State Administrative Court (PTUN) to receive a decision of the appeal in order to receive a decision and/or action by a government agency and/or official. His suit was within the 90-day deadline as per Article 6 of the Supreme Court Regulation (PERMA) No. 8 of 2017 on the Procedure to Receive Decisions of Appeals to Receive Decisions and/or Actions by Government Agency and/or Officials.

Based on Article 53 paragraphs (4) and (5) of Law No. 30 of 2014 on Government Administration, citizens are guaranteed to obtain such a decision no later than 21 working days after the appeal is submitted to the PTUN.

Writer           : Nano Tresna Arfana
Editor          : Lulu Anjarsari P.
PR               : Raisa Ayudhita
Translator     : Yuniar Widiastuti (NL)

Translation uploaded on 8/4/2021 12:29 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.

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